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Sleep Positioner Lawsuit in 2024 (Latest Updates)

Infant sleep positioners have been reported to roll over when babies are unattended, increasing the risk of suffocation and even death, according to the U.S. Food & Drug Administration (FDA). In most cases, children have suffocated after rolling from their sides to their stomachs, FDA said.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

The U.S. Food & Drug Administration (FDA) is cautioning parents and caregivers to avoid leaving infants unattended in sleep positioners because of the suffocation risk, which may result in death.

Free Confidential Lawsuit Evaluation: If your child or other loved one was injured or died after being left in a sleep positioner, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.

What’s the Problem?

October 3, 2017 – According to the NICHD, the FDA said in a Safety Alert issued Tuesday that it has received reports of babies who died from suffocation after being left unattended in sleep positioners. In most cases, the children suffocated after rolling from their sides to their stomachs, the agency said [1].

According to the Eunice Kennedy Shriver National Institute of Child Health and Human Development study from 2020, each year, about 4,000 babies die unexpectedly while sleeping as a result of accidental suffocation, SIDS, or unknown causes [2].

Similarly, sleep surfaces that elevate both the baby’s head and feet, like a hammock, also increase the risk for positional asphyxia. Sitting with the head down and the chin on or near the chest could block the baby’s airway and cause suffocation. Stated National Institute of Child Health and Human Development.

As stated by CDCP, in 2012 research, in addition to the deaths linked to infant sleep positioners, the agency has also received information about babies who were placed on their backs or sides in the positioners but were later found in other, dangerous positions within or next to the devices [3].

To reduce the risk of sleep-related accidental deaths of children, the FDA recommends that parents and caregivers take the following precautions when putting their baby to bed:

  • NEVER use infant sleep positioners. Using this type of product to hold an infant on his or her side or back is dangerous.
  • NEVER put pillows, blankets, loose sheets, comforters, or quilts under a baby or in a crib. These products also can be dangerous. Babies don’t need pillows and adequate clothing—instead of blankets—can keep them warm.
  • ALWAYS keep cribs and sleeping areas bare. That means you should also never put soft objects or toys in sleeping areas.
  • ALWAYS place a baby on his or her back at night and during nap time. An easy way to remember this is to follow the ABCs of safe sleep: “Alone on the Back in a Bare Crib.”

In 2012, 27.4% of moms used positioners in the cribs of their infants. The 2015 data shows that percentage dropping from 27.4% to just 15.6% of parents using positioners. This tells us that parents are being educated about the dangers of positioners and that there is still more work to be done to address the 15.6% of babies who still sleep in them.

FAQs

What compensation can be sought in a sleep positioner lawsuit?

Compensation in a sleep positioner lawsuit can include medical expenses, funeral costs, pain and suffering, and other related expenses. In some cases, punitive damages may also be awarded to penalize the manufacturer for negligence.

What steps should I take if my child is injured by a sleep positioner?

If your child is injured by a sleep positioner, seek immediate medical attention, document the injury and any treatments, retain the product and packaging, and consult a lawyer to discuss potential legal action and compensation.

Can I join a class action lawsuit if my child was affected by a sleep positioner?

Yes, parents or guardians of children affected by sleep positioners may join a class action lawsuit if one is available. Class action lawsuits allow multiple plaintiffs to combine their cases, providing a stronger collective legal action against the manufacturer.

How long do I have to file a sleep positioner lawsuit?

The time limit to file a sleep positioner lawsuit, known as the statute of limitations, varies by state. It’s crucial to consult with a lawyer promptly to ensure your claim is filed within the legal timeframe to preserve your rights.

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Have you or a loved one been unreasonably injured by a dangerous or defective consumer product?

Do I Have a Sleep Positioner Lawsuit?

The Product Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in sleep positioner lawsuits. We are handling individual litigation nationwide and are currently accepting new injury and death cases in all 50 states.

Free Case Evaluation: Again, if your child was harmed by an infant sleep positioner, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.

References:

  1. https://extranet.nichd.nih.gov/nursececourse/Welcome.aspx
  2. https://safetosleep.nichd.nih.gov/reduce-risk/safe-sleep-environment
  3. https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6146a1.htm

 

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